Section 126 IPC: Committing depredation on territories of Power at peace with the Government of India

Indian Penal Code, 1860

Section 126 IPC at a Glance

Section 126 IPC deals with committing depredation on territories of Power at peace with the Government of India. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 154 BNS.

Punishment

Imprisonment of either description for up to seven years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 154 →

Section 126 IPC Bare Act Text

126. Committing depredation on territories of Power at peace with the Government of India

Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.

Source: Section 126, Indian Penal Code, 1860

Section 126 IPC in Simple Words

Section 126 of the Indian Penal Code (IPC) punishes committing depredation, or making preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India.

The punishment is imprisonment of either description for up to seven years, fine, and forfeiture of any property used or intended to be used in the depredation, or acquired by it.

The offence is cognizable and non-bailable, and it is tried by a Court of Session.

Ingredients of Section 126 IPC

  • The accused committed depredation, or made preparations to commit it
  • The depredation was on the territories of a Power in alliance or at peace with the Government of India

Punishment Under Section 126 IPC

Imprisonment

Imprisonment of either description for up to seven years.

Fine

The offender is also liable to fine and to forfeiture of property used or intended to be used in the depredation, or acquired by it.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Depredation on the territory of a friendly Power carries imprisonment of up to seven years, fine and forfeiture of property.

Example of Section 126 IPC

In 2015, Dinesh and his accomplices set out from a camp in Siliguri in two lorries and pillaged a tea warehouse located inside the territory of a Power at peace with the Government of India, carrying away chests of silver and tea. Meanwhile, Somnath purchased fuel and cutting tools in Siliguri to prepare for a second pillaging expedition into that territory, which police stopped before departure. Both the lorries and the stolen chests are subject to forfeiture, and Dinesh and Somnath are punishable under Section 126 IPC.

When Section 126 IPC Does Not Apply

  • The territory where the pillaging or preparation took place belonged to a country at war with the Government of India rather than a Power in alliance or at peace with it.
  • The person neither carried out any depredation nor made any preparation to commit depredation on foreign territory.
  • The looting took place entirely within Indian territory rather than on the territory of another Power, so ordinary offences against property under the IPC apply instead.

Section 126 IPC in the BNS

Section 126 IPC is now covered under Section 154 BNS.

Section 126 IPC is now Section 154 BNS, with the same punishment and the same forfeiture. The BNS replaces any Power in alliance or at peace with the Government of India by any foreign State at peace with it, and the heading changes to match.

View detailed comparison (IPC 126 vs BNS 154) →

FAQs on Section 126 IPC

What does Section 126 IPC provide?▼

It punishes committing depredation, or making preparations to commit it, on the territories of any Power in alliance or at peace with the Government of India.

What is the punishment under Section 126 IPC?▼

Imprisonment of either description for up to seven years, fine, and forfeiture of any property used or intended to be used in the depredation, or acquired by it.

Is making preparations enough for Section 126 IPC?▼

Yes. The words of the section cover both committing depredation and making preparations to commit it.

Is an offence under Section 126 IPC cognizable?▼

Yes. The First Schedule to the CrPC makes it cognizable.

Is an offence under Section 126 IPC bailable?▼

No. It is non-bailable.

Which court tries an offence under Section 126 IPC?▼

A Court of Session.

Can an offence under Section 126 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 126 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 154 BNS, which covers any foreign State at peace with the Government of India.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·